Disposed

Thankamany v. State of Kerala

Kerala HC5 Feb 2018WP(C)/1012/2018

Case brief

AI extract

What is this about?

In this writ petition, the court directed the third respondent to attain finality on the petitioner's application regarding a missing husband's certificate within two months. Additionally, the sixth respondent was directed to consider the petitioner's application for retirement benefits within the same timeline after issuing notice.

What did the court decide?

Direction to third respondent to finalize Ext.P3 application within two months; direction to sixth respondent to consider Ext.P2 application for retirement benefits within two months.

Thankamany Vs State of Kerala — Writ and Judicial Review | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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MONDAY, THE 5TH DAY OF FEBRUARY 2018 / 16TH MAGHA, 1939

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WP(C).No. 1012 of 2018

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PETITIONER(S):

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THANKAMANY

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AGED 60 YEARS, W/O NARAYANAN, PUTHUVILA VEEDU, MANAMPUZHA PO, KUNNATHOOR VILLAGE, KOLLAM DISTRICT, PIN CODE-691553

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BY ADV.SRI.M.KANNAN

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RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.-695001

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2. THE DISTRICT COLLECTOR KOLLAM DISTRICT, COLLECTORATE, CIVIL STATION, KOLLAM, PIN.691013.

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3. THE REVENUE DIVISIONAL OFFICER, CIVIL STATION, KOLLAM, PIN.691013

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4. THE THAHSILDAR KUNNATHOOR, TALUK OFFICE, MINI CIVIL STATION, SASTHAMCOTTA PO, KOLLAM DISTRICT, PIN.690520

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5. THE STATION HOUSE OFFICER, EZHUKONE POLICE STATION, KOLLAM DISTRICT.-691303

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6. SENIOR DIVISIONAL PERSONAL OFFICER, MADURAI RAILWAY DIVISIONAL OFFICE, MADURAI, TAMIL NADU-PIN.625016.

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R6 BY SMT.NIKHILA SOMAN, CGC SRI.P.M.M.NAJEEB KHAN, SC

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R1 TO R5 BY GOVERNMENT PLEADER SMT.VINITHA B

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1012 of 2018 (B)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1 TRUE COPY OF OFFICE LETTER ISSUED FROM STATION SUPERINTENDENT, PUNALUR, DTD.21.10.2016.
EXHIBIT P2 TRUE COPY OF APPLICATION DTD.4.10.2016 GIVEN BY THE PETITIONER TO THE 6TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE APPLICATION GIVEN BY THE PETITIONER TO 3RD RESPONDENT DTD.26.6.2016
EXHIBIT P4 TRUE COPY OF CERTIFICATE ISSUED TO THE PETITIONER BY 5TH RESPONDENT DTD.7.8.2016
EXHIBIT P5 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT DTD.02.11.2016.
EXHIBIT P6 TRUE COPY OF LETTER FORWARDED TO 5TH RESPONDENT BY THE 3RD RESPONDENT DTD.02.11.2016.
EXHIBIT P7 TRUE COPY OF LETTER FORWARDED TO THE 4TH RESPONDENT FROM THE OFFICE OF THE 3RD RESPONDENT DTD.2.11.2016
EXHIBIT P8 TRUE COPY OF THE LETTER FORWARDED TO EZHUKONE VILLAGE OFFICE FROM KUNNATHOOR VILLAGE OFFICE DTD.10.11.2016.
EXHIBIT P9 TRUE COPY OF REPORT FROM EZHUKONE VILLAGE OFFICER TO KUNNATHOOR VILLAGE OFFICER DTD.11.11.2016.
EXHIBIT P9(A) TRUE COPY OF STATEMENT FROM MR.UTHAMAN RECORDED BY EZHUKONE VILLAGE OFFICER DTD.11.11.2016.
EXHIBIT P9(B) COPY OF STATEMENT FROM MR.THOMAS RECORDED BY EZHUKONE VILLAGE OFFICER DTD.11.11.2016.
EXHIBIT P10 COPY OF REPORT SUBMITTED BY KUNNATHOOR VILLAGE OFFICER TO 4TH RESPONDENT DTD.15.11.2016.
EXHIBIT P10(A) COPY OF STATEMENT OF MRS.THANKAMONY, (PETITIONER) GIVEN TO VILLAGE OFFICER, KUNNATHOOR, DTD.16.11.2016
EXHIBIT P11 COPY OF REPORT SUBMITTED BY 4TH RESPONDENT TO 3RD RESPONDENT DTD.23.11.2016

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WP(C).No. 1012 of 2018 (B)

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EXHIBIT P12 COPY OF ELECTION IDENTITY CARD OF THE PETITIONER DTD.24.4.2002. RESPONDENTS EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

SHAJI P. CHALY, J.

W.P.(C) No.1012 of 2018

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Dated this the 5^th day of February, 2018

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JUDGMENT

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Petitioner's husband, who was working with the railways is

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missing for the past more than 10 years. In order to secure certificate

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from the third respondent, petitioner has submitted Ext.P3 application,

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which is pending consideration. It is evident from the documents

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produced by the petitioner and pleadings put forth that, necessary

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enquiry in respect of issuance of certificate was conducted by the third respondent and the sole thing remains to be considered is issuance of

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the certificate.

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Having regard to the facts and circumstances of the case,

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there will be a direction to the third respondent to attain finality to

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Ext.P3 application, at the earliest possible time, and at any rate, within

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two months from the date of receipt of a copy of this judgment, if

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W.P.(C) No.1012 of 2018

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required, after securing necessary participation of the petitioner orany

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other interested persons.

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Another relief sought for by the petitioner is to the 6^th

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respondent, Senior Divisional Personal Officer, Madurai Railway

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Divisional Office, seeking to consider Ext.P2 application submitted by

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the petitioner for the retiral benefits due to her husband.

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There will be a direction to the 6^th respondent also to consider Ext.P2 application submitted by the petitioner, if required,

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after issuing notice of hearing to the petitioner and attain finality, at the earliest possible time, and at any rate, within two months from the

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date of receipt of a copy of this judgment.

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Petitioner shall produce a copy of the writ petition along

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with appended documents before the 6^th respondent for adjudication.

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Writ petition is disposed of accordingly.

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Sd/SHAJI P. CHALY, JUDGE

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dlk/5/2/

Thankamany v. State of Kerala

Case brief

What is this about?

What did the court decide?

Thankamany v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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